If you have lived in multiple states across the U.S., you may find yourself needing a criminal background check from a state you no longer reside in—whether for a visa application, employment, professional licensing, or adoption. This is a common but often frustrating process because each state has its own application procedures, fingerprinting requirements, and processing times. The good news: virtually every state offers a remote application option for former residents. The challenge is knowing the exact method for each state and avoiding the paperwork errors that cause weeks of delays. This guide provides a clear, state-aware roadmap to obtain your out-of-state criminal record, complete with application workflows, fee comparisons, and critical tips to ensure your document meets official requirements.
Key Rule for Out-of-State Applicants: When requesting a background check from a state where you no longer live, you must submit a complete set of rolled fingerprints (usually on an FD-258 card) and a notarized application in most cases. The record is typically mailed to your current address, but some states now offer electronic delivery if you apply online. Validity is generally 6 to 12 months from the date of issuance, depending on the requesting agency.
Document Overview: What You Are Requesting and Why Validity Matters
You are requesting an official state criminal history record—often called a "certificate of good conduct," "police clearance," or "state background check." This document covers arrests and convictions within that specific state's jurisdiction. It is distinct from an FBI national check, which covers federal records.
The validity of this document is critical. Most U.S. visa applications (e.g., immigrant visas, K-1 fiancé visas) and many foreign immigration authorities require the record to be issued within the last 6 to 12 months. If your record is older than the required period, you will need to obtain a new one, even if the previous one was issued correctly. Additionally, if you need an apostille for international use, the apostille must be obtained while the record is still valid.
- FBI vs. State Check: Many visa applications require both. For example, USCIS typically requires an FBI check, but a U.S. consulate abroad may ask for state-level checks from every state where you have lived for more than six months.
- Scope of State Records: State records include criminal history from county courts, state police, and sometimes motor vehicle violations (depending on the state). They do not include federal offenses like tax evasion or federal drug trafficking.
Step-by-Step Application Process for Out-of-State Background Checks
While each state has its own procedures, the overall workflow follows a consistent pattern. Follow these steps to navigate the process efficiently.
- Identify the Correct State Agency: In most states, the State Police, Department of Justice, or Bureau of Investigation handles criminal record requests. For example, in California, it is the DOJ; in Texas, it is the Department of Public Safety (DPS); in New York, it is the Division of Criminal Justice Services (DCJS). Check the state's official website for the exact agency.
- Determine If You Can Apply Online: Some states (e.g., Florida, Texas, Pennsylvania) offer online portals for out-of-state applicants, allowing you to complete the application, pay the fee, and upload a digital fingerprint card (if they accept electronic fingerprints). Others (e.g., New York, California) require you to mail in a paper application and fingerprint cards.
- Obtain Your Fingerprints: You will almost always need to submit a set of rolled fingerprints on an FD-258 card. Since you are out of state, you can get these done at:
- A local police station or sheriff's office in your current state.
- A private fingerprinting service (e.g., IdentoGo, Fieldprint, or local live scan vendors).
- Your nearest U.S. embassy or consulate if you are outside the U.S.
- Complete the Application Form: Download the state's specific application form for criminal record requests. Fill it out completely, providing your full name, date of birth, Social Security number (if applicable), and all former addresses in that state.
- Notarize Your Application (if required): Many states require the application to be notarized. You can have this done at a bank, UPS store, or a local notary public. Some states accept a notarized signature on the fingerprint card instead.
- Submit Payment: Fees vary (see table below). Payment is usually via money order, certified check, or credit card (if applying online).
- Mail or Submit Electronically: If mailing, send your application, fingerprint card, payment, and any required documents to the address provided on the state's website. Use a trackable mailing method.
- Wait for Processing: Processing times range from a few days to several weeks. Some states offer expedited options for an additional fee.
- Receive the Certified Record: The state will mail the certified record to your current address (or to the address you provided). Some states now offer electronic delivery via a secure portal.
Eligibility and Acceptance Criteria: What the State Requires
Each state has specific eligibility rules for who can request a criminal record. As a former resident, you are generally eligible, but you must meet certain criteria.
- Identity Verification: You must provide a clear copy of a valid government-issued photo ID (driver's license, passport, or state ID). Some states require the copy to be notarized.
- Fingerprint Quality: The state will reject fingerprints that are smudged, incomplete, or low quality. This is the most common reason for delay. If you are getting fingerprints done abroad, ensure the technician is experienced with rolled prints.
- Proof of Former Residency: Some states may ask for proof that you lived there (e.g., a utility bill, lease agreement, or tax return). This is not universally required but be prepared to provide it if asked.
- Purpose of Request: You may need to state the purpose of the background check (e.g., visa, employment, adoption). Some states have different processing channels for different purposes.
Below is a comparison of application methods for selected states, showing whether they accept online applications and what fingerprinting options are available for out-of-state applicants.
| State | Agency | Online Application? | Fingerprinting for Out-of-State |
|---|---|---|---|
| California | DOJ | No (mail only) | FD-258 cards mailed in; Live Scan only available in-state |
| Texas | DPS | Yes | FD-258 mailed or electronic via approved vendor |
| New York | DCJS | No | FD-258 mailed; must be notarized |
| Florida | FDLE | Yes | FD-258 or electronic via approved Live Scan vendor |
| Pennsylvania | State Police | Yes | Electronic fingerprints via IdentoGo; mail-in cards also accepted |
Estimated Processing Times, Fees, and Expedited Options
Fees and processing times vary significantly. The following table provides current estimates for out-of-state applicants as of August 2026.
| State | Standard Fee | Standard Processing Time | Expedited Fee & Time |
|---|---|---|---|
| California (DOJ) | $25 | 4–6 weeks (mail) | Not available; Live Scan only for in-state |
| Texas (DPS) | $20–$30 | 2–3 weeks (mail); 5–7 days (online) | No official expedite; electronic submission is faster |
| New York (DCJS) | $75 | 8–10 weeks (mail) | No expedited service |
| Florida (FDLE) | $24 | 2–4 weeks (mail); 5–7 days (online) | No official expedite; online is faster |
| Pennsylvania (State Police) | $22 | 1–2 weeks (electronic); 4–6 weeks (mail) | Electronic is the expedited option |
In addition to state fees, you may incur costs for fingerprinting services (typically $15–$50), notarization (free to $15), and postage (tracked mail recommended). For international applicants, fingerprinting at a U.S. embassy may be free or low-cost.
Common Mistakes That Lead to Rejection or Excessive Delays
Even with the correct procedure, many out-of-state applicants face avoidable setbacks. Avoid these frequent pitfalls:
- Submitting Poor-Quality Fingerprints: Smudged, cut-off, or incomplete fingerprints are the #1 cause of rejection. Always have a professional take your prints, and inspect the card before mailing. If you are unsure, order extra FD-258 cards and practice.
- Forgetting Notarization: Some states (like New York) require the application or fingerprint card to be notarized. Missing this step means your application will be returned unprocessed.
- Using an Incorrect Form or Address: Each state has a specific form; using a generic form will be rejected. Also, addresses change; always verify the mailing address on the state's official website, not from third-party sources.
- Not Including Payment or Using Incorrect Payment Method: Many states only accept money orders or certified checks made payable to the specific agency. Personal checks or credit cards (unless it's an online portal) may not be accepted.
- Failing to Provide a Self-Addressed Stamped Envelope: Some states require you to include a pre-paid, self-addressed envelope for return mailing. If you omit it, they may not send your record, or they will use a slower method.
- Assuming a County Check Is Sufficient: If the requesting agency asks for a "statewide" check, a county-level check will not be accepted. Make sure you are requesting the correct level.
Frequently Asked Questions
Q: Can I get a background check from a state I no longer live in without fingerprints?
A: In most cases, no. State criminal records are typically matched using fingerprints. However, a few states offer a "name-based" check (which is less reliable and often not accepted for visas). For visa purposes, always provide fingerprints to obtain a certified record.
Q: How long does it take to get a background check from a former state?
A: It varies by state and application method. Electronic submissions can take 3–7 days; mail-in applications typically take 2–10 weeks. New York is the slowest (8–10 weeks), while Texas and Florida are faster (2–4 weeks). Plan for at least 4–6 weeks to be safe.
Q: What if I lived in multiple states—do I need a background check from each?
A: Yes, if the requesting agency requires a check from every state where you resided for a certain period (often 6 months or more). This is common for U.S. visa applications and foreign immigration. You must request a separate record from each state.
Q: Can I apply for a former state's background check from outside the U.S.?
A: Yes. You can apply by mail from any country. You will need to get your fingerprints taken at a U.S. embassy or consulate (which can roll FD-258 cards) or a local fingerprinting service that uses the standard card. Your application and payment must be in U.S. dollars (money order or certified check).
Q: Do I need to translate a state background check for use in another country?
A: If the record is for use outside the U.S., you will likely need a certified translation into the official language of that country. Additionally, you may need an apostille (if the country is a Hague member) or authentication from the U.S. Department of State. The apostille must be obtained while the record is still valid.
Q: What should I do if my out-of-state background check comes back with incorrect information?
A: Immediately contact the state agency that issued the record. You may need to provide additional documentation (e.g., court disposition records) to correct errors. This is a common issue if you have a common name or if there was a clerical error. Start this process as soon as you receive the record to avoid missing your visa deadline.